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Recently my personal account was frozen and the funds I

Customer Question

Recently my personal account...

Recently my personal account was frozen and the funds I received from a disability workman"s comp case were taken. I have 2 years fighting on a workman's comp case which now I have won. I had not received anything till now for disability. I sent a fax to all case workers prior to my injury, also the information of the attorney representing me. They had threatened to put me in jail. I have requested paternity testing and they have denied me. I am $4,488.35 arrears due to my injury in the 2 years process. I need to know if I use my business account will it also be frozen, the ID is different from my SS?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

New Mexico

Lawyer's Assistant: Have you talked to a lawyer yet?

NO just shared the concern with my workman's comp attorney. Whats due to me in disability arrears is $30,544.378. They claim that a claimed a fraudulent claim. But the same QME doctor that saw me said i didn't, so now their willing to settle.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I need to know if I deposit my disabilty checks to my business account with a different tax ID will they garnish that as well. What paperwork do I need to submit to the courts requesting a paternity test before a judge?

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Unfortunately, if this is garnishment/levy for child support, they can legally seize your accounts for payment. If your social security number is ***** on your business account, they cannot seize that account. However, even though this was a workers compensation settlement which is typically exempt from levy, child support is an exception to that.

You need to file a petition to deny paternity in the court and you need to state why you are not the father and you would then get the court to order a paternity test and if you are not the father, the court will waive all of the arrears and close the case. If you prove the claim of paternity was known false, then you can also get an order to return any money they took from you as well.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).